Clause 3(2) is very clear that the period of two days begins with
“the end of the day on which the European Council’s decision is made.”
We were told very clearly during proceedings on the change of date, after the two previous occasions when the Government accepted an extension, that we were merely implementing a decision that was already made and binding in European Union law. The right hon. Gentleman’s proposal depends on the European Union making a conditional offer that comes into force only if it chooses to make it conditional on subsequent approval by the House of Commons. He has no way of binding the European Union’s procedures by domestic legislation.